RECR – 27 Roland Jackson Well CORRESPONDENCEocdimage.emnrd.state.nm.us/imaging/filestore/SantaFeEnvironmental/AO/...NMOCD –Maverik Refinery/Jackson Well Page 1 Souder, Miller &

RECR – 27

Roland Jackson Well

CORRESPONDENCE

NMOCD –Maverik Refinery/Jackson Well Page 1

Souder, Miller & Associates Engineering ♦ Environmental ♦ Surveying

WORKPLAN & BUDGET INITIAL SITE INVESTIGATION

NEW MEXICO OIL CONSERVATION DIVISION

MAVERIK REFINERY/ROLAND JACKSON WATER WELL ISSUE KIRTLAND, NEW MEXICO

April 2, 2012

INTRODUCTION This workplan and budget have been prepared by Souder, Miller & Associates (SMA) pursuant to the request from the New Mexico Oil Conservation Division (NMOCD) and is in accordance with the State of New Mexico General Services Department Purchasing Division Price Agreement #10-805-00-07208. The proposed scope of work shall include an initial investigation with up to seven borings and installation of up to five monitoring wells on and adjacent to the Roland and Angie Jackson Property. The monitoring wells will be sited as a means of determining the extent and possible origin of non-aqueous petroleum liquids (NAPL) found in the Roland Jackson well at #20 CR 6271, San Juan County, New Mexico. The Jackson Property site is in the SW/4, SE/4 Section 17, Township 29 North, Range 14 West. To date, no independent investigation of the Jackson Property site has been conducted. However, historical evidence at the site indicates that potential impact from the Maverik/Caribou Refinery plume may persist. This evidence includes laboratory results of sampling of the Jackson irrigation water supply well in 2005 and the presence of NAPL in the well visually confirmed by NMOCD personnel on February 2, 2012. Estimated costs for an initial investigation to evaluate and potentially identify the source of the hydrocarbon plume impacting the Jackson property are included in the table below, developed on a time and materials basis per the State of New Mexico General Services Department Purchasing Division Price Agreement #10-805-00-07208. All invoices issued for work performed on a time and material basis will include an itemized breakdown of charges per the approved fee schedule. Cynthia Gray, C.H.M.M., Senior Scientist for SMA, and Denny Foust, Senior Geologist for SMA, will exercise direct supervisory control over the completion of this project. Meetings will be held with NMOCD to further discuss the scope of work, as necessary.



* Includes all anticipated drilling costs as described below. However, drilling costs will be billed on an actual time and materials basis TASK 1A – 1B: SOIL BORING AND MONITORING WELL DRILLING AND DRILLING OVERSIGHT In order to assess the hydrocarbon plume impacting the Roland Jackson irrigation water supply well, SMA initially recommends installation of seven (7) soil borings with up to five (5) of the borings completed as monitoring wells. SMA will oversee all drilling activities and will perform field screening and collection of groundwater samples for laboratory analysis. Currently, SMA is anticipating four (4) days of drilling oversight and field sampling activities. SMA will confer with NMOCD for authorization prior to implementation of any additional days of drilling oversight, if needed. ACCESS PERMISSION, UTILITY CLEARANCE, WORK NOTIFICATION, HEALTH & SAFETY: In preparation for drilling and field sampling, written access permission to the various drilling sites will be obtained from the surface owners. Utility clearances from New Mexico One-Call and courtesy notification of the Aztec office of the State Engineer (NMOSE) will be made prior to the start of drilling activities. SMA will notify NMOCD a minimum of 96 hours before commencing field activities. A site specific health and safety plan (HASP) will be developed in accordance with OSHA regulations and the SMA Corporate Health & Safety Program. All site personnel will be briefed on the HASP prior to initiating drilling activities. EXISTING IRRIGATION WELL SAMPLING: Two irrigation water supply wells are present on the Roland Jackson property. Written permission will be obtained from the landowner to

Task 1aDrilling: seven 20 ft borings =140 total feet; includes five completed as monitoring wells - EnviroDrill, Inc.

1 $15,030.00 $15,030.00

$1,070.89

$16,100.89

Task 1b

Investigation and Sampling Oversight: review existing documents, workplan prep, HASP prep, property access, notifications, drilling oversight, sampling, survey, laboratory analytical costs

1 $20,379.80 $20,379.80

$1,452.06

$21,831.86

Task 2 Evaluation, report, and recommendations 1 $6,084.00 $6,084.00

$433.49

$6,517.49

Task 3 Bond Acquisition, Bond Premium on estimated total of $40,000 1 $2,152.00 $2,152.00

$153.33

$2,305.33

$46,755.56

NMGRT 7.125%

Total

NMGRT 7.125%

Total

Items Task Description Number of Units Subtotal Total

Grand Total

NMGRT 7.125%

Total

NMGRT 7.125%

Total



access the two irrigation supply wells to sample the groundwater. The samples will be analyzed for total petroleum hydrocarbons (TPH) gasoline range organics (GRO) by EPA Method 8015 and for total lead by EPA Method 6010. Should significant total lead be detected, SMA will contact NMOCD to consider additional analysis to speciate organic lead. Access permission will also be sought for sampling of any additional wells available on the property or adjacent properties. Should additional wells be available for sampling, SMA will secure NMOCD approval prior to incurring costs of sampling and laboratory analysis. DRILLING CONTRACTOR AND METHOD: EnviroDrill has been selected as the drilling contractor based on their experience completing monitoring wells in river cobbles along the Animas and San Juan Rivers. The unconsolidated riverine deposits will require air hammer rotary drilling for borings and monitoring wells. SOIL BORING AND MONITORING WELL LOCATIONS AND DEPTH: Proposed locations of soil borings and monitoring wells are based on historical data from the refinery investigation, knowledge of the local hydrogeology, and constraints on drilling rig access. The exact depth and location of each soil boring may differ based on field screening results and conditions encountered in the field. The groundwater flow direction and gradient is anticipated to be to the south-southwest with slightly varying direction by season. Figure 1 illustrates the proposed locations of soil borings and monitoring wells. Monitoring wells will be sited relative to the existing irrigation well with one approximately 150-200 feet directly south, a second north, and two wells west of the impacted well. An additional, fifth well may be installed to the northeast. Regardless of the exact depths and locations of the soil borings, no additional work beyond that described herein will be performed without consent of NMOCD. Based on previous water levels recorded for the Roland Jackson Irrigation Water supply well, groundwater is expected to be encountered from 7 to 8 feet below ground surface (bgs). It is anticipated that the seven soil borings will be advanced to a total depth of approximately 20 feet bgs. As noted, five of the borings will be completed as monitoring wells and two borings sampled and properly plugged. SOIL SAMPLING AND FIELD ANALYSIS PROCEDURES: All borings will be continuously sampled as is possible given soil conditions. Soil will be described at 5 foot vertical intervals or at major lithologic changes. Samples will be collected from each soil boring for lithologic description (ASTM D 2488-93, Standard Practice for Description and Identification of Soils), split, and placed in separate containers for field headspace screening and for potential laboratory analysis. Laboratory samples will be collected in clean, laboratory supplied soil jars with Teflon septa that allow for storage on ice or rapid transfer of soils to containers for field preservation or headspace analysis. Samples for laboratory analysis will be labeled with date and time, sealed with chain of custody evidence tape, and placed on ice for shipment to Hall Environmental Analysis Laboratory. Field headspace will be measured with a calibrated photoionization detector (PID).

SMA will collect one soil sample for laboratory analysis from each soil boring. The



sample will be collected either from the vadose zone at the depth where field results and/or field observations indicate the highest levels of contamination, or from immediately above the water table. SMA anticipates a total of 7 soil samples.

SOIL ANALYTICAL METHODS: Soil samples will be analyzed for TPH GRO by EPA Method 8015 and organic lead by EPA Method 6010. Should significant total lead be detected, SMA will contact NMOCD to consider additional analysis to speciate organic lead.

DRILL CUTTINGS DISPOSAL: Any drill cuttings generated during soil boring advancement will be collected and properly disposed of at a permitted site. As the contaminant in question may be refined petroleum product, disposal at a New Mexico Environment Department permitted site may be required. For disposal characterization, one composite sample of drill cuttings in included in the budget for analysis for TPH GRO by EPA Method 8015 and for total lead by EPA Method 6010. SOIL BORING ABANDONMENT: At the conclusion of the investigation, all soil borings not completed as monitoring wells will be properly plugged with a bentonite/cement slurry in accordance with New Mexico Office of State Engineer requirements. MONITORING WELL COMPLETION AND DEVELOPMENT PROCEDURES: Up to five monitoring wells will be completed at the site. The wells will be constructed of two inch PVC with fifteen (15) feet of 0.010-inch slot size screen placed across the water table (approximately 12 feet below and 3 feet above, as conditions permit) and an end cap at the bottom. Silica sand (10-20 grade) will be placed from total depth to two feet above the top of the well screen, followed by a one-foot fine-grained silica sand filter pack seal. A two-foot bentonite pellet seal will be placed and hydrated above the filter pack. The annular space above the bentonite will be sealed with bentonite/cement grout. A locking steel surface casing/stand pipe will be installed over the inner PVC casing. The inner PVC casing will be capped with expanding well plugs. SMA anticipates that ground water will be encountered at a depth of approximately 7 to 8 feet bgs and that monitoring wells will be completed to approximately 18 feet. The planned 15 foot screen length will allow for monitoring of water quality across the full potential vertical extent of soil contamination, and allow for a potentially substantial seasonal rise or fall in the water table.

Wells will be developed by bailing a minimum of three volumes then allowed to stabilize for seven days prior to sampling.

MONITORING WELL SAMPLING PROCEDURES: The five new monitoring wells will be gauged for depth to fluids water and non-aqueous phase liquid (NAPL) prior to purging. If no NAPL exists, site wells will be purged of at least three full well bore volumes until pH, temperature and specific conductivity reach equilibrium and turbidity has been reduced. Water samples will be collected using a new disposable bailer for each well.

GROUNDWATER SAMPLING AND PRESERVATION PROCEDURES: SMA will collect groundwater samples for analysis from the least contaminated well to the most contaminated well,



and not from wells with NAPL. Glassware will be laboratory provided 40 ml VOA/VOC vials preserved with hydrochloric acid. All groundwater sample containers will be labeled with the date and time, sealed with evidence (custody) tape, and stored on ice for shipment to the qualified laboratory using chainof-custody procedures.

GROUNDWATER MONITORING: SMA will collect groundwater samples from the five new monitoring wells. The depth to liquids will be measured prior to purging and the thickness of any NAPL layer will be documented. If free product is encountered, the NMOCD Aztec District office and Santa Fe Environmental Bureau will be immediately notified to allow a NMOCD personnel to witness sampling. Wells will be purged of a minimum of three well bore volumes with dedicated, single use bailers. Should a well purge dry, the well will be considered adequately purged and sampled upon groundwater recovery.

Samples will be collected in order from the least contaminated well to the most contaminated well based on historical analytical results and field observation. Glassware will be laboratory supplied, pre-cleaned Samples analyzed for polynuclear aromatic hydrocarbons (PAHs) will be collected in laboratory provided 1 liter amber bottles. Samples for volatile organic hydrocarbons will be collected in 40 mL glass vials with Teflon septa. The sample containers will be labeled with the date and time, sealed with evidence (custody) tape, and stored on ice for shipment to the qualified laboratory.

GROUNDWATER ANALYTICAL METHODS: Groundwater samples will be analyzed for TPH GRO by EPA Method 8015, Volatile Organic Compounds by EPA Method 8260, for EDB by EPA Method 504.1, and for total lead by EPA Method 6010. Should significant total lead be detected, SMA will contact NMOCD to consider additional analysis to speciate organic lead.

WASTE WATER DISPOSAL PROCEDURE: Purged water will be stored in drums for disposal at a properly permitted facility following laboratory analysis for disposal characterization. One composite sample of purged water is included in the cost estimate for analysis for TPH GRO by EPA Method 8015. SOIL BORING AND MONITORING WELL SURVEYING: Upon completion of drilling activities and construction of monitoring wells, the top of casing elevations and locations of the monitoring wells and the locations of all soil borings will be surveyed to the nearest 0.1 feet with a total station or GPS survey equipment and referenced to a permanent control point or site benchmark established with UTM coordinates. Elevations of the PVC well casing on each monitoring well will be surveyed to a permanent mark and surveyed to the nearest 0.01 feet relative to the site benchmark using an auto level. All well coordinates (x, y, z) shall be supplied in the investigation report. Elevations will be referenced to the closest USGS benchmark so that actual elevations relative to a sea level datum are provided. TASK 2 – REPORTING A site investigation report documenting the results of drilling and sampling activities will be



submitted to NMOCD following receipt of laboratory analytical results. Figures included in the investigation report will be as follows:

Vicinity map based on a USGS Quad Map Site map with aerial photograph and utility locations (if any) Site map of pertinent water well and monitoring well locations Groundwater gradient map NAPL thickness contour map, as applicable Groundwater contaminant contour maps, as applicable Soil boring logs and monitoring well completion diagrams

Tables to be included in the summary letter report will include:

Depth to Liquids, Depth to Water and Thickness of Hydrocarbon Layer Analytical results of groundwater testing Results of field screening of drill cuttings

Appendixes to be included in the summary letter report will include:

Laboratory analytical reports Daily Drilling Report notes. Field notes

TASK 3 – PERFORMANCE BOND In compliance with the requirements of the State of New Mexico General Services Department Purchasing Division Price Agreement #10-805-00-07208, SMA will obtain a performance bond for the completion of the above-outlined scope of work at a cost of 3% of the project total fee. An allowance for SMA’s administrative costs in securing the bond is also provided in the cost estimate.

Cost Estimate:Initial Site Investigation/Drilling

Maverik Refinery/Roland Jackson WellKirtland, NM

April 2, 2012

Task 1aDrilling - EnviroDrillFee Schedule: Envirodrill Estimate

SubcontractorsEnviro-Drill (per estimate) Qty Price/Unit Price Inc. NMGRTDrilling (140 total feet w/ five 20 foot completed monitoring wells) 1 $15,030.00 $15,030.00 $16,100.89

SUBTOTAL >> $15,030.00NMGRT (7.125%) >> $1,070.89TOTAL $16,100.89ROUNDUP TOTAL $16,200.00



April 2, 2012

Task 1bInvestigation and Sampling OversightFee Schedule: NMDOT Price Agreement

Description Qty Each Sub Price/Unit Price

PrincipalOversight 2 1 2 $140.00 $280.00TOTAL 2

Senior IAcquire and review existing reports and other documents from NMOCD, site visit, interview local NMOCD Inspector 7 6 42 $110.00 $4,620.00Project Development/oversight 5 6 30 $110.00 $3,300.00TOTAL 72

Project IReview existing reports and other documents from NMOCD 2 4 8 $87.00 $696.00Access permissions - Jackson and surrounding adjacent 2 2 4 $87.00 $348.00Sampling irrigation wells 2 1 2 $87.00 $174.00Drilling/soil boring sampling oversight 4 10 40 $87.00 $3,480.00Monitoring well sampling, separate mob after well stabilization 1 12 12 $87.00 $1,044.00Subcontractor & NMOCD coordination 3 2 6 $87.00 $522.00Coordination/utility locate with client/One Call 1 1 1 $87.00 $87.00Health & Safety Plan 1 4 4 $87.00 $348.00Sample prep., COC, etc. 8 0.5 4 $87.00 $348.00TOTAL 81

Survey2 Man Crew with GPS for 7 borings with 5 completed as wells 1 $1,800.00 $1,800.00

Expenses

Daily mileage to/from site (1 day site recon, 4 days drilling, 1 day MW sampling) 6 24 96 $0.55 $52.80Pick-up/day 6 1 4 $65.00 $260.00Sample shipping 2 $75.00 $150.00PID 4 $65.00 $260.00GPS 4 $35.00 $140.00Digital Camera 6 $35.00 $210.00Cell Phone 6 $35.00 $210.00

Subcontractors

Hall Lab, 2 irrigation well water samples by 8015B for TPH GRO 7 $45.00 $315.00Hall Lab, 2 irrigation well water samples for 6010 for total lead 7 $30.00 $210.00Hall Lab, 5 monitoring well water samples by 8260B/504.1/8015B for BTEX/MTBE/EDC/EDB/TPH GRO 5 $140.00 $700.00

Hall Lab, 5 monitoring well water samples by 6010 for total lead 5 $30.00 $150.00Hall Lab, 7 soil samples from borings and 1 sample for disposal characterization by 8015B for TPH GRO 9 $45.00 $405.00Hall Lab, 7 soil samples from borings, 1 sample for disposal characterization by 6010 for total lead 9 $30.00 $270.00

Subtotal $20,379.80NMGRT (7.125%) >> $1,452.06TOTAL $21,831.86Round-up $21,900.00



April 2, 2012

Task 2ReportingFee Schedule: NM Price Agreement


PrincipalProposal/Costs Review 1 1 1 $140.00 $140.00Report Review 1 1 1 $140.00 $140.00TOTAL 2

Senior I

Evaluate data, EMNRD coordination 2 2 4 $110.00 $440.00Oversight and report review, recommendations 1 5 5 $110.00 $550.00TOTAL 9

Project I

Data Entry 1 4 4 $87.00 $348.00Report Prep. 3 8 24 $87.00 $2,088.00Drafting 3 8 24 $87.00 $2,088.00TOTAL 52

AdminReport assembly, budget tracking & invoicing 5 $58.00 $290.00TOTAL 5

SUBTOTAL >> $6,084.00Tax (7.125%) >> $433.49TOTAL $6,517.49ROUNDUP TOTAL $6,600.00



April 2, 2012

Task 3Bond AcquisitionFee Schedule: NM Price Agreement


PrincipalOversight 1 1 1 $140.00 $140.00Review and execute 1 1 1 $140.00 $140.00TOTAL 2

Senior I

Coordination for bond 2 2 4 $110.00 $440.00TOTAL 4

AdminCoordination for bond, interface with bonding agent 4 $58.00 $232.00TOTAL 4

AdminBond Premium - estimated 1 3.00% $40,000.00 $1,200.00TOTAL




April 2, 2012

Task 1aDrilling: seven 20 ft borings =140 total feet; includes five completed as monitoring wells - EnviroDrill, Inc.

1 $15,030.00 $15,030.00

$1,070.89

$16,100.89

Task 1bInvestigation and Sampling Oversight: review existing documents, workplan prep, HASP prep, property access, notifications, drilling oversight, sampling, survey, laboratory analytical costs

1 $20,379.80 $20,379.80

$1,452.06

$21,831.86

Task 2 Evaluation, report, and recommendations 1 $6,084.00 $6,084.00

$433.49

$6,517.49

Task 3 Bond Acquisition, Bond Premium on estimated total of $40,000 1 $2,152.00 $2,152.00

$153.33

$2,305.33

$46,755.56

Items Task Description Number of Units Subtotal Total

Grand Total

NMGRT 7.125%

Total

NMGRT 7.125%

Total

NMGRT 7.125%

Total

NMGRT 7.125%

Total

1

Griswold, Jim, EMNRD

From: Cindy Gray <[email protected]>Sent: Thursday, April 05, 2012 4:25 PMTo: Griswold, Jim, EMNRDSubject: RE: Maverik-Caribou/Roland Jackson

Ok, Jim. I’ve spoken with Hall Env Labs and the estimated cost for that suite of analyses per NAPL sample would be somewhere between $1100 and $1200. Also, in reviewing the final cost table, I don’t see an allowance for characterization and disposal of drill cuttings and the development/purge water. So can you also add that to the contingency? Likely less than $1500 for both drill cuttings and water. Please don’t hesitate to call to discuss. Thanks again. _____________________________________________________________________________________________________________________________________ Cindy Gray, CHMM | Souder, Miller & Associates | Senior Scientist 2101 San Juan Blvd., Farmington, NM 87401| o: 505.325.5667 | c: 505.320.0912 | e: [email protected]

Souder, Miller & Associates ‐ Notice of Confidentiality and Privileged Status: This electronic mail message, including all attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information or otherwise may be protected from disclosure. Any unauthorized review, use, disclosure, distribution or actions which rely on the contents of this information is prohibited. If you are not the intended recipient, please contact the sender and delete the message and any attachment(s) from your system.

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From: Griswold, Jim, EMNRD [mailto:[email protected]] Sent: Thursday, April 05, 2012 9:36 AM To: Cindy Gray Subject: RE: Maverik-Caribou/Roland Jackson Do not revise the proposal. I will add contingent monies to the purchase order which can cover this. Just give me a reasonable estimate for the cost. To my knowledge, OCD does not have any prior analysis of released materials. I do have some product from Jackson’s well gathered by OCD staff a few years back. Maverik also had some fingerprinting done on a product sample form the same well gathered last year. Perhaps we can look at variability over time to see degradation rates and/or if the composition changes to the point it is indicative of someone spiking the well. Jim

From: Cindy Gray [mailto:[email protected]] Sent: Wednesday, April 04, 2012 11:17 AM To: Griswold, Jim, EMNRD Subject: Maverik-Caribou/Roland Jackson Hi, Jim! I was just going back through my notes from our original conversation and realized we left out any reference to or cost of fingerprinting of the product in the well. Do you want me to revise the proposal and estimated costs to include that or wait until we all know a bit more? Also, does OCD have a record/reference fingerprint of the refinery’s product that was recorded as released? Regards, _______________________________________________ Cindy Gray, CHMM | Souder, Miller & Associates | Senior Scientist 2101 San Juan Blvd., Farmington, NM 87401| o: 505.325.5667 | c: 505.320.0912 | e: [email protected]

Souder, Miller & Associates ‐ Notice of Confidentiality and Privileged Status: This electronic mail message, including all attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information or otherwise may be protected from disclosure. Any unauthorized review, use, disclosure, distribution or actions which rely on the contents of this information is prohibited. If you are not the intended recipient, please contact the sender and delete the message and any attachment(s) from your system.

1- 1 Investigation of free-phasehydrocarbon floating on top ofgroundwater in Jackson well nearKirtland, NM.

53,768.89EA 1.00 53,768.89 04/10/2012

52100-31100-0710000000-535300- -0750- - -112-10000Schedule Total 53,768.89

Contract ID: 10-805-00-07208AG Contract Line: 0 Release: 3

Item Total 53,768.89

Price Agreement Expires: August 15, 1012

Total PO Amount 53,768.89

State of New Mexico Purchase Order PO Number to be on all Invoices and Correspondence

Energy, Minerals & Resources1220 South St. Francis DriveSanta Fe NM 87505United States

Vendor: 0000048816SOUDER MILLER & ASSOCIATES1201 PARKWAY DR SUITE CSANTA FE NM 87507

Dispatch via PrintPurchase Order Date Revision Page52100-0000035025 04/10/2012 1Payment Terms Freight Terms Ship ViaPay Now FOB Destination Best WayBuyer PhoneRACHEL D. HERRERA 505/476-3311Ship To: 1220 South St. Francis Drive

Room 346Santa Fe NM 87501United States

Bill To: 1220 South St. Francis DriveRoom 346Santa Fe NM 87501United States

Origin: CON Exc\Excl #:Line-Sch Item/Description Mfg ID Quantity UOM PO Price Extended Amt Due Date

Authorized SignatureAgency Approval - I certify that the proposed purchase represented by this document is authorized by and is made

in accordance with all State (and if applicable Federal) legislation rules and regulation. I further certify

that adequate unencumbered cash and budget expenditure authority exists for this proposed purchase and all other

outstanding purchase commitments and accounts payable.

STATE OF NEW MEXICO SPD-101A (07/92)GENERAL SERVICES DEPARTMENT- PURCHASING DIVISIONTERMS AND CONDITIONS UNLESS OTHERWISE SPECIFIED

1. GENERAL: When the State Purchasing Agent issues a purchase document in response to the Vendors bid, a binding contract is created.2. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by

conditions of loading, shipping, packing or allowances in manufacturing process, and then only to the extent, if any, specified elsewhere in this order.3. ASSIGNMENT:

A: Neither the order, nor any interest therein, nor claim thereunder, shall be assigned or transferred by the Vendor, except as set forth insubparagraph 3B below or as expressly authorized in writing by the STATE PURCHASASING AGENTS OFFICE. No such assignment or transfer shall relieve the Vendor from the obligations and liabilities under this order.

B: Vendor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods,services, and materials purchased in connection with this bid are hereby assigned to the State.

4. STATE FURNISHED PROPERTY: State furnished property shall be returned to the state upon request in the same condition as received exceptfor ordinary wear, tear, and modifications ordered hereunder.

5. DISCOUNTS: Prompt payment discounts will not be considered in computing the low bid. Discounts for payment within 20 days will beconsidered after the award of the contract. Discounted time will be computed from the date of receipt of the merchandise or invoice,whichever is later.

6. INSPECTION: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for non-conformancewith specifications shall be removed, at the Vendors risk and expense, promptly after notice of rejection.

7. INSPECTION OF PLANT: The State Purchasing Agent may inspect, at any reasonable time, the part of the contractors, or any subcontractorsplant or place of business, which is related to the performance of this contract.

8. COMMERCIAL WARARANTY: The Vendor agrees that the supplies or services furnished under this order shall be covered by the most favorablecommercial warranties the Vendor gives to any customer for such supplies or services, and that the rights and remedies provided herein shallextend to the State and are in addition to and do not limit any rights afforded to the State by any other cause of this order. Vendor agreesnot to disclaim warranties of fitness for a particular purpose or merchantability.

9. TAXES: The unit price shall exclude all State taxes.10. PACKING, SHIPPING AND INVOICING:

A: The States purchase document number and the Vendors name, users name and location shall be shown on each packing and delivery ticket,package, bill of lading and other correspondence in connection with the shipment. The users count will be accepted by the Vendor as finaland conclusive on all shipments not accompanied by a packing ticket.

B: The Vendors invoice shall be submitted in triplicate, duly certified and shall contain the following information: order number,description of supplies or services, quantities, unit prices and extended totals. Separate invoices shall be rendered for each and everycomplete shipment.

C: Invoices must be submitted to the using agency and NOT THE STATE PURCHASING AGENT.11. DEFAULT: The State reserves the right to cancel all or any part of this order without cost to the State, if the Vendor fails to meet the

provisions of this order and, except as otherwise provided herein, to hold the Vendor liable for any excess cost occasioned by the State dueto the Vendors default. The Vendor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond thecontrol and without the fault or negligence of the Vendor, such causes include, but are not restricted to, acts of God or of the public enemy,acts of the State or of the Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargos, unusually severeweather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnishedby the subcontractor where obtainable from other sources in sufficient time to permit the Vendor to meet the required delivery scheduled. The rights and remedies of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. NON-COLLUSION: In signing this bid, the Vendor certifies he/she has not, either directly or indirectly, entered into action in restraint offree competitive bidding in connection with this proposal submitted to the State Purchasing Agent.

13. NON-DISCRIMINATION: Vendors doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 andTitle VII of that Act, Rev., 1979.

14. THE PROCUREMENT CODE: Sections 13-1-28 through 13-1-199 NMSA 1978 imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

15. All bid items are to be NEW and most current production, unless otherwise specified.16. PAYMENT FOR PURCHASES: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and

under the conditions set forth in section 13-14158 NMSA 1978.17. WORKERS COMPENSATION: The Contractor agrees to comply with state laws and rules pertaining to workers compensation benefits for its

employees. If the Contractor fails to comply with Workers Compensation Act and applicable rules when required to do so, this (Agreement) maybe terminated by the contracting agency.

18. PAY EQUITY RECORDING: The Contractor agrees to comply with New Mexico Pay Equity reporting requirements as detailed in Executive Order2009-049 Implementation Guidance available at http://www.generalservices.state.nm.us/spd/guidance.pdf

1


From: Griswold, Jim, EMNRDSent: Friday, May 18, 2012 1:40 PMTo: 'Denny Foust'Cc: Powell, Brandon, EMNRDSubject: RE: Maverik-Roland jackson Workplan

Denny, This change in scope was verbally approved by me during an earlier discussion with Brandon. Costs associated with the well are allowable under the approved purchase order. However, installation of a monitoring well on the adjacent property to the east (where we were not able to gain access) as originally planned should NOT be attempted. This was simply a change in well location, not approval for the installation of an additional well. The approved cost under the purchase order will not be changed. OCD has no preference with respect to sample preservative. Please continue to use your best professional judgment. Jim Griswold Senior Hydrologist EMNRD/Oil Conservation Division 1220 South St. Francis Drive Santa Fe, New Mexico 87505 505.476.3465 email: [email protected]

From: Denny Foust [mailto:[email protected]] Sent: Friday, May 18, 2012 11:02 AM To: Griswold, Jim, EMNRD Cc: Powell, Brandon, EMNRD Subject: Maverik-Roland jackson Workplan Jim: SMA has completed monitoring well #5 at a new location on the Roland Jackson Property approximately 25 feet E‐NE of the existing hydrocarbon impacted water well. SMA took this action at the direction of Brandon Powell, NMOCD Aztec office. My accounting people are requesting an e‐mail confirmation of this action from you to be included with the billing in addition to Brandon Powell’s e‐mail directive. Currently all five wells are completed and developed plus the two soil borings are done. Sampling is scheduled for next week. Does NMOCD prefer HCL or HgCl2 preservative in the samples SMA will be sending to Hall Environmental for analysis?

Denny Foust Senior Geologist Souder, Miller & Associates [email protected] 505-325-5667 (office) 505-801-9727 (cell) 505-327-1496 (fax)

1


From: Cindy Gray <[email protected]>Sent: Tuesday, June 12, 2012 4:02 PMTo: Griswold, Jim, EMNRDCc: 'Shawna Chubbuck'; [email protected]: Free product confirmed on Mr. Jackson's well todayAttachments: WATER Rpt_1205A69_v1.pdf

Hi, Jim! Today Shawna found NAPL on Mr. Jackson’s irrigation well. As discussed, she pulled a sample of the liquid and we have it in custody. In the original workplan, we agreed that, if NAPL were encountered in any of the wells, SMA would notify NMOCD and discuss the next step. Jonathan Kelly of the Aztec NMOCD office was with Shawna at the time and is aware of the finding. As we discussed on the phone, none of the monitoring wells are exhibiting anything other than low levels of Total Lead by Method 6010B in all 5 monitoring wells (analytical report attached). In the past, you have mentioned “fingerprint analysis” of the NAPL and also of the older NAPL sample you have. Since we are approaching the FY end very soon, and fingerprinting requires some time, how would you like to proceed?

Cindy Gray, CHMM

Senior Scientist Souder, Miller & Associates 2101 San Juan Blvd, Farmington, NM 87401 O(505)325-5667 F(505)326-0045 C(505) 320-0912

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June 06, 2012

Souder, Miller and AssociatesReid Allan

Dear Reid Allan:

RE: Maverik/Jackson OCD OrderNo.: 1205A69

FAX (505) 327-1496TEL: (505) 325-5667

2101 San Juan BoulevardFarmington, NM 87401

Hall Environmental Analysis Laboratory4901 Hawkins NE

Albuquerque, NM 87109

Website: www.hallenvironmental.comTEL: 505-345-3975 FAX: 505-345-4107

Hall Environmental Analysis Laboratory received 6 sample(s) on 5/25/2012 for the analyses presented in the following report.

Andy Freeman

These were analyzed according to EPA procedures or equivalent. To access our accredited tests please go to www.hallenvironmental.com or the state specific web sites. See the sample checklist and/or the Chain of Custody for information regarding the sample receipt temperature and preservation. Data qualifiers or a narrative will be provided if the sample analysis or analytical quality control parameters require a flag. All samples are reported as received unless otherwise indicated.

Please don't hesitate to contact HEAL for any additional information or clarifications.

Sincerely,

Laboratory Manager4901 Hawkins NEAlbuquerque, NM 87109

http://www.hallenvironmental.com

http://www.hallenvironmental.com

Project: Maverik/Jackson OCDClient Sample ID: J6

Collection Date: 5/23/2012 1:57:00 PMMatrix: AQUEOUS

CLIENT: Souder, Miller and Associates

Lab ID: 1205A69-001

Date Reported: 6/6/2012

Analytical ReportLab Order 1205A69

Analyses Result Qual Units Date AnalyzedDFRL

Hall Environmental Analysis Laboratory, Inc.

Received Date: 5/25/2012 10:25:00 AM

EPA METHOD 8011/504.1: EDB Analyst: LRW1,2-Dibromoethane 5/29/2012 4:24:07 PM0.010 µg/L 1ND

EPA METHOD 8015B: GASOLINE RANGE Analyst: NSBGasoline Range Organics (GRO) 5/31/2012 7:39:02 PM0.10 mg/L 2ND Surr: BFB 5/31/2012 7:39:02 PM69.3-120 %REC 295.1

EPA 6010B: TOTAL RECOVERABLE METALS Analyst: JLFLead 6/1/2012 3:49:10 PM0.050 mg/L 50.16

EPA METHOD 8260B: VOLATILES Analyst: MMSBenzene 5/30/2012 5:38:43 PM2.0 µg/L 2NDToluene 5/30/2012 5:38:43 PM2.0 µg/L 2NDEthylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2NDMethyl tert-butyl ether (MTBE) 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2,4-Trimethylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,3,5-Trimethylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2-Dichloroethane (EDC) 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2-Dibromoethane (EDB) 5/30/2012 5:38:43 PM2.0 µg/L 2NDNaphthalene 5/30/2012 5:38:43 PM4.0 µg/L 2ND1-Methylnaphthalene 5/30/2012 5:38:43 PM8.0 µg/L 2ND2-Methylnaphthalene 5/30/2012 5:38:43 PM8.0 µg/L 2NDAcetone 5/30/2012 5:38:43 PM20 µg/L 2NDBromobenzene 5/30/2012 5:38:43 PM2.0 µg/L 2NDBromodichloromethane 5/30/2012 5:38:43 PM2.0 µg/L 2NDBromoform 5/30/2012 5:38:43 PM2.0 µg/L 2NDBromomethane 5/30/2012 5:38:43 PM6.0 µg/L 2ND2-Butanone 5/30/2012 5:38:43 PM20 µg/L 2NDCarbon disulfide 5/30/2012 5:38:43 PM20 µg/L 2NDCarbon Tetrachloride 5/30/2012 5:38:43 PM2.0 µg/L 2NDChlorobenzene 5/30/2012 5:38:43 PM2.0 µg/L 2NDChloroethane 5/30/2012 5:38:43 PM4.0 µg/L 2NDChloroform 5/30/2012 5:38:43 PM2.0 µg/L 2NDChloromethane 5/30/2012 5:38:43 PM6.0 µg/L 2ND2-Chlorotoluene 5/30/2012 5:38:43 PM2.0 µg/L 2ND4-Chlorotoluene 5/30/2012 5:38:43 PM2.0 µg/L 2NDcis-1,2-DCE 5/30/2012 5:38:43 PM2.0 µg/L 2NDcis-1,3-Dichloropropene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2-Dibromo-3-chloropropane 5/30/2012 5:38:43 PM4.0 µg/L 2NDDibromochloromethane 5/30/2012 5:38:43 PM2.0 µg/L 2NDDibromomethane 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2-Dichlorobenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,3-Dichlorobenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,4-Dichlorobenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND

Qualifiers:

Page 1 of 20

*/X Value exceeds Maximum Contaminant Level. B Analyte detected in the associated Method BlankE Value above quantitation range H Holding times for preparation or analysis exceededJ Analyte detected below quantitation limits ND Not Detected at the Reporting LimitR RPD outside accepted recovery limits RL Reporting Detection LimitS Spike Recovery outside accepted recovery limits




Lab ID: 1205A69-001





Received Date: 5/25/2012 10:25:00 AM

EPA METHOD 8260B: VOLATILES Analyst: MMSDichlorodifluoromethane 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,1-Dichloroethane 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,1-Dichloroethene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2-Dichloropropane 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,3-Dichloropropane 5/30/2012 5:38:43 PM2.0 µg/L 2ND2,2-Dichloropropane 5/30/2012 5:38:43 PM4.0 µg/L 2ND1,1-Dichloropropene 5/30/2012 5:38:43 PM2.0 µg/L 2NDHexachlorobutadiene 5/30/2012 5:38:43 PM2.0 µg/L 2ND2-Hexanone 5/30/2012 5:38:43 PM20 µg/L 2NDIsopropylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND4-Isopropyltoluene 5/30/2012 5:38:43 PM2.0 µg/L 2ND4-Methyl-2-pentanone 5/30/2012 5:38:43 PM20 µg/L 2NDMethylene Chloride 5/30/2012 5:38:43 PM6.0 µg/L 2NDn-Butylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2NDn-Propylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2NDsec-Butylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2NDStyrene 5/30/2012 5:38:43 PM2.0 µg/L 2NDtert-Butylbenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,1,1,2-Tetrachloroethane 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,1,2,2-Tetrachloroethane 5/30/2012 5:38:43 PM4.0 µg/L 2NDTetrachloroethene (PCE) 5/30/2012 5:38:43 PM2.0 µg/L 2NDtrans-1,2-DCE 5/30/2012 5:38:43 PM2.0 µg/L 2NDtrans-1,3-Dichloropropene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2,3-Trichlorobenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2,4-Trichlorobenzene 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,1,1-Trichloroethane 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,1,2-Trichloroethane 5/30/2012 5:38:43 PM2.0 µg/L 2NDTrichloroethene (TCE) 5/30/2012 5:38:43 PM2.0 µg/L 2NDTrichlorofluoromethane 5/30/2012 5:38:43 PM2.0 µg/L 2ND1,2,3-Trichloropropane 5/30/2012 5:38:43 PM4.0 µg/L 2NDVinyl chloride 5/30/2012 5:38:43 PM2.0 µg/L 2NDXylenes, Total 5/30/2012 5:38:43 PM3.0 µg/L 2ND Surr: 1,2-Dichloroethane-d4 5/30/2012 5:38:43 PM70-130 %REC 2107 Surr: 4-Bromofluorobenzene 5/30/2012 5:38:43 PM70-130 %REC 2113 Surr: Dibromofluoromethane 5/30/2012 5:38:43 PM69.8-130 %REC 286.8 Surr: Toluene-d8 5/30/2012 5:38:43 PM70-130 %REC 2101

Qualifiers:

Page 2 of 20





Lab ID: 1205A69-002





Received Date: 5/25/2012 10:25:00 AM


EPA METHOD 8015B: GASOLINE RANGE Analyst: NSBGasoline Range Organics (GRO) 5/31/2012 8:09:55 PM0.10 mg/L 2ND Surr: BFB 5/31/2012 8:09:55 PM69.3-120 %REC 279.8



Qualifiers:

Page 3 of 20





Lab ID: 1205A69-002





Received Date: 5/25/2012 10:25:00 AM


Qualifiers:

Page 4 of 20



Collection Date: 5/24/2012 9:50:00 AMMatrix: AQUEOUS


Lab ID: 1205A69-003





Received Date: 5/25/2012 10:25:00 AM


EPA METHOD 8015B: GASOLINE RANGE Analyst: NSBGasoline Range Organics (GRO) 6/1/2012 12:46:14 AM0.10 mg/L 2ND Surr: BFB 6/1/2012 12:46:14 AM69.3-120 %REC 277.6



Qualifiers:

Page 5 of 20





Lab ID: 1205A69-003





Received Date: 5/25/2012 10:25:00 AM


Qualifiers:

Page 6 of 20





Lab ID: 1205A69-004





Received Date: 5/25/2012 10:25:00 AM





Qualifiers:

Page 7 of 20





Lab ID: 1205A69-004





Received Date: 5/25/2012 10:25:00 AM


Qualifiers:

Page 8 of 20





Lab ID: 1205A69-005





Received Date: 5/25/2012 10:25:00 AM





Qualifiers:

Page 9 of 20





Lab ID: 1205A69-005





Received Date: 5/25/2012 10:25:00 AM


Qualifiers:

Page 10 of 20


Project: Maverik/Jackson OCDClient Sample ID: Trip Blank

Collection Date:Matrix: TRIP BLANK


Lab ID: 1205A69-006





Received Date: 5/25/2012 10:25:00 AM


EPA METHOD 8260B: VOLATILES Analyst: MMSBenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDToluene 5/30/2012 8:05:52 PM1.0 µg/L 1NDEthylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDMethyl tert-butyl ether (MTBE) 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2,4-Trimethylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,3,5-Trimethylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2-Dichloroethane (EDC) 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2-Dibromoethane (EDB) 5/30/2012 8:05:52 PM1.0 µg/L 1NDNaphthalene 5/30/2012 8:05:52 PM2.0 µg/L 1ND1-Methylnaphthalene 5/30/2012 8:05:52 PM4.0 µg/L 1ND2-Methylnaphthalene 5/30/2012 8:05:52 PM4.0 µg/L 1NDAcetone 5/30/2012 8:05:52 PM10 µg/L 1NDBromobenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDBromodichloromethane 5/30/2012 8:05:52 PM1.0 µg/L 1NDBromoform 5/30/2012 8:05:52 PM1.0 µg/L 1NDBromomethane 5/30/2012 8:05:52 PM3.0 µg/L 1ND2-Butanone 5/30/2012 8:05:52 PM10 µg/L 1NDCarbon disulfide 5/30/2012 8:05:52 PM10 µg/L 1NDCarbon Tetrachloride 5/30/2012 8:05:52 PM1.0 µg/L 1NDChlorobenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDChloroethane 5/30/2012 8:05:52 PM2.0 µg/L 1NDChloroform 5/30/2012 8:05:52 PM1.0 µg/L 1NDChloromethane 5/30/2012 8:05:52 PM3.0 µg/L 1ND2-Chlorotoluene 5/30/2012 8:05:52 PM1.0 µg/L 1ND4-Chlorotoluene 5/30/2012 8:05:52 PM1.0 µg/L 1NDcis-1,2-DCE 5/30/2012 8:05:52 PM1.0 µg/L 1NDcis-1,3-Dichloropropene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2-Dibromo-3-chloropropane 5/30/2012 8:05:52 PM2.0 µg/L 1NDDibromochloromethane 5/30/2012 8:05:52 PM1.0 µg/L 1NDDibromomethane 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2-Dichlorobenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,3-Dichlorobenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,4-Dichlorobenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDDichlorodifluoromethane 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,1-Dichloroethane 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,1-Dichloroethene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2-Dichloropropane 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,3-Dichloropropane 5/30/2012 8:05:52 PM1.0 µg/L 1ND2,2-Dichloropropane 5/30/2012 8:05:52 PM2.0 µg/L 1ND

Qualifiers:

Page 11 of 20


Project: Maverik/Jackson OCDClient Sample ID: Trip Blank

Collection Date:Matrix: TRIP BLANK


Lab ID: 1205A69-006





Received Date: 5/25/2012 10:25:00 AM

EPA METHOD 8260B: VOLATILES Analyst: MMS1,1-Dichloropropene 5/30/2012 8:05:52 PM1.0 µg/L 1NDHexachlorobutadiene 5/30/2012 8:05:52 PM1.0 µg/L 1ND2-Hexanone 5/30/2012 8:05:52 PM10 µg/L 1NDIsopropylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND4-Isopropyltoluene 5/30/2012 8:05:52 PM1.0 µg/L 1ND4-Methyl-2-pentanone 5/30/2012 8:05:52 PM10 µg/L 1NDMethylene Chloride 5/30/2012 8:05:52 PM3.0 µg/L 1NDn-Butylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDn-Propylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDsec-Butylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1NDStyrene 5/30/2012 8:05:52 PM1.0 µg/L 1NDtert-Butylbenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,1,1,2-Tetrachloroethane 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,1,2,2-Tetrachloroethane 5/30/2012 8:05:52 PM2.0 µg/L 1NDTetrachloroethene (PCE) 5/30/2012 8:05:52 PM1.0 µg/L 1NDtrans-1,2-DCE 5/30/2012 8:05:52 PM1.0 µg/L 1NDtrans-1,3-Dichloropropene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2,3-Trichlorobenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2,4-Trichlorobenzene 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,1,1-Trichloroethane 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,1,2-Trichloroethane 5/30/2012 8:05:52 PM1.0 µg/L 1NDTrichloroethene (TCE) 5/30/2012 8:05:52 PM1.0 µg/L 1NDTrichlorofluoromethane 5/30/2012 8:05:52 PM1.0 µg/L 1ND1,2,3-Trichloropropane 5/30/2012 8:05:52 PM2.0 µg/L 1NDVinyl chloride 5/30/2012 8:05:52 PM1.0 µg/L 1NDXylenes, Total 5/30/2012 8:05:52 PM1.5 µg/L 1ND Surr: 1,2-Dichloroethane-d4 5/30/2012 8:05:52 PM70-130 %REC 1101 Surr: 4-Bromofluorobenzene 5/30/2012 8:05:52 PM70-130 %REC 1110 Surr: Dibromofluoromethane 5/30/2012 8:05:52 PM69.8-130 %REC 192.2 Surr: Toluene-d8 5/30/2012 8:05:52 PM70-130 %REC 1107

Qualifiers:

Page 12 of 20


Project: Maverik/Jackson OCDClient: Souder, Miller and Associates

06-Jun-12

QC SUMMARY REPORT 1205A69WO#:Hall Environmental Analysis Laboratory, Inc.

Sample ID MB-2135

Batch ID: 2135

Analysis Date: 5/29/2012Prep Date: 5/29/2012

Analyte Result SPK value SPK Ref Val %REC %RPDLowLimit HighLimit RPDLimit Qual

Units: µg/L

PQL

Client ID: PBW RunNo: 3071

SeqNo: 84971

MBLKSampType: TestCode: EPA Method 8011/504.1: EDB

1,2-Dibromoethane 0.010ND

Sample ID LCS-2135

Batch ID: 2135



Units: µg/L

PQL

Client ID: LCSW RunNo: 3071

SeqNo: 84972

LCSSampType: TestCode: EPA Method 8011/504.1: EDB

1,2-Dibromoethane 0.1000 93.0 70 1300.010 00.093

Qualifiers:

Page 13 of 20

*/X Value exceeds Maximum Contaminant Level. B Analyte detected in the associated Method BlankE Value above quantitation range H Holding times for preparation or analysis exceededJ Analyte detected below quantitation limits ND Not Detected at the Reporting LimitR RPD outside accepted recovery limits RL Reporting Detection Limit


06-Jun-12


Sample ID 5ML RB

Batch ID: R3145

Analysis Date: 5/31/2012Prep Date:


Units: mg/L

PQL


SeqNo: 86907

MBLKSampType: TestCode: EPA Method 8015B: Gasoline Range

Gasoline Range Organics (GRO) 0.050ND Surr: BFB 20.00 79.9 69.3 12016

Sample ID 2.5UG GRO LCS

Batch ID: R3145



Units: mg/L

PQL


SeqNo: 86908

LCSSampType: TestCode: EPA Method 8015B: Gasoline Range

Gasoline Range Organics (GRO) 0.5000 108 101 1230.050 00.54 Surr: BFB 20.00 97.7 69.3 12020

Qualifiers:

Page 14 of 20



06-Jun-12


Sample ID 5ml rb

Batch ID: R3118



Units: µg/L

PQL


SeqNo: 86304

MBLKSampType: TestCode: EPA Method 8260B: VOLATILES

Benzene 1.0NDToluene 1.0NDEthylbenzene 1.0NDMethyl tert-butyl ether (MTBE) 1.0ND1,2,4-Trimethylbenzene 1.0ND1,3,5-Trimethylbenzene 1.0ND1,2-Dichloroethane (EDC) 1.0ND1,2-Dibromoethane (EDB) 1.0NDNaphthalene 2.0ND1-Methylnaphthalene 4.0ND2-Methylnaphthalene 4.0NDAcetone 10NDBromobenzene 1.0NDBromodichloromethane 1.0NDBromoform 1.0NDBromomethane 3.0ND2-Butanone 10NDCarbon disulfide 10NDCarbon Tetrachloride 1.0NDChlorobenzene 1.0NDChloroethane 2.0NDChloroform 1.0NDChloromethane 3.0ND2-Chlorotoluene 1.0ND4-Chlorotoluene 1.0NDcis-1,2-DCE 1.0NDcis-1,3-Dichloropropene 1.0ND1,2-Dibromo-3-chloropropane 2.0NDDibromochloromethane 1.0NDDibromomethane 1.0ND1,2-Dichlorobenzene 1.0ND1,3-Dichlorobenzene 1.0ND1,4-Dichlorobenzene 1.0NDDichlorodifluoromethane 1.0ND1,1-Dichloroethane 1.0ND1,1-Dichloroethene 1.0ND1,2-Dichloropropane 1.0ND1,3-Dichloropropane 1.0ND2,2-Dichloropropane 2.0ND1,1-Dichloropropene 1.0NDHexachlorobutadiene 1.0ND

Qualifiers:

Page 15 of 20



06-Jun-12


Sample ID 5ml rb

Batch ID: R3118



Units: µg/L

PQL


SeqNo: 86304


2-Hexanone 10NDIsopropylbenzene 1.0ND4-Isopropyltoluene 1.0ND4-Methyl-2-pentanone 10NDMethylene Chloride 3.0NDn-Butylbenzene 1.0NDn-Propylbenzene 1.0NDsec-Butylbenzene 1.0NDStyrene 1.0NDtert-Butylbenzene 1.0ND1,1,1,2-Tetrachloroethane 1.0ND1,1,2,2-Tetrachloroethane 2.0NDTetrachloroethene (PCE) 1.0NDtrans-1,2-DCE 1.0NDtrans-1,3-Dichloropropene 1.0ND1,2,3-Trichlorobenzene 1.0ND1,2,4-Trichlorobenzene 1.0ND1,1,1-Trichloroethane 1.0ND1,1,2-Trichloroethane 1.0NDTrichloroethene (TCE) 1.0NDTrichlorofluoromethane 1.0ND1,2,3-Trichloropropane 2.0NDVinyl chloride 1.0NDXylenes, Total 1.5ND Surr: 1,2-Dichloroethane-d4 10.00 103 70 13010 Surr: 4-Bromofluorobenzene 10.00 103 70 13010 Surr: Dibromofluoromethane 10.00 92.0 69.8 1309.2 Surr: Toluene-d8 10.00 101 70 13010

Sample ID 100ng lcs

Batch ID: R3118



Units: µg/L

PQL


SeqNo: 86307

LCSSampType: TestCode: EPA Method 8260B: VOLATILES

Benzene 20.00 91.3 84.1 1261.0 018Toluene 20.00 101 80 1201.0 020Chlorobenzene 20.00 96.0 70 1301.0 0191,1-Dichloroethene 20.00 99.6 83 1301.0 020Trichloroethene (TCE) 20.00 101 76.2 1191.0 020 Surr: 1,2-Dichloroethane-d4 10.00 102 70 13010 Surr: 4-Bromofluorobenzene 10.00 110 70 13011

Qualifiers:

Page 16 of 20



06-Jun-12


Sample ID 100ng lcs

Batch ID: R3118



Units: µg/L

PQL


SeqNo: 86307


Surr: Dibromofluoromethane 10.00 89.8 69.8 1309.0 Surr: Toluene-d8 10.00 105 70 13011

Sample ID b5

Batch ID: R3118



Units: µg/L

PQL


SeqNo: 86342


Benzene 1.0NDToluene 1.0NDEthylbenzene 1.0NDMethyl tert-butyl ether (MTBE) 1.0ND1,2,4-Trimethylbenzene 1.0ND1,3,5-Trimethylbenzene 1.0ND1,2-Dichloroethane (EDC) 1.0ND1,2-Dibromoethane (EDB) 1.0NDNaphthalene 2.0ND1-Methylnaphthalene 4.0ND2-Methylnaphthalene 4.0NDAcetone 10NDBromobenzene 1.0NDBromodichloromethane 1.0NDBromoform 1.0NDBromomethane 3.0ND2-Butanone 10NDCarbon disulfide 10NDCarbon Tetrachloride 1.0NDChlorobenzene 1.0NDChloroethane 2.0NDChloroform 1.0NDChloromethane 3.0ND2-Chlorotoluene 1.0ND4-Chlorotoluene 1.0NDcis-1,2-DCE 1.0NDcis-1,3-Dichloropropene 1.0ND1,2-Dibromo-3-chloropropane 2.0NDDibromochloromethane 1.0NDDibromomethane 1.0ND1,2-Dichlorobenzene 1.0ND1,3-Dichlorobenzene 1.0ND1,4-Dichlorobenzene 1.0ND

Qualifiers:

Page 17 of 20



06-Jun-12


Sample ID b5

Batch ID: R3118



Units: µg/L

PQL


SeqNo: 86342


Dichlorodifluoromethane 1.0ND1,1-Dichloroethane 1.0ND1,1-Dichloroethene 1.0ND1,2-Dichloropropane 1.0ND1,3-Dichloropropane 1.0ND2,2-Dichloropropane 2.0ND1,1-Dichloropropene 1.0NDHexachlorobutadiene 1.0ND2-Hexanone 10NDIsopropylbenzene 1.0ND4-Isopropyltoluene 1.0ND4-Methyl-2-pentanone 10NDMethylene Chloride 3.0NDn-Butylbenzene 1.0NDn-Propylbenzene 1.0NDsec-Butylbenzene 1.0NDStyrene 1.0NDtert-Butylbenzene 1.0ND1,1,1,2-Tetrachloroethane 1.0ND1,1,2,2-Tetrachloroethane 2.0NDTetrachloroethene (PCE) 1.0NDtrans-1,2-DCE 1.0NDtrans-1,3-Dichloropropene 1.0ND1,2,3-Trichlorobenzene 1.0ND1,2,4-Trichlorobenzene 1.0ND1,1,1-Trichloroethane 1.0ND1,1,2-Trichloroethane 1.0NDTrichloroethene (TCE) 1.0NDTrichlorofluoromethane 1.0ND1,2,3-Trichloropropane 2.0NDVinyl chloride 1.0NDXylenes, Total 1.5ND Surr: 1,2-Dichloroethane-d4 10.00 108 70 13011 Surr: 4-Bromofluorobenzene 10.00 114 70 13011 Surr: Dibromofluoromethane 10.00 94.5 69.8 1309.4 Surr: Toluene-d8 10.00 103 70 13010

Qualifiers:

Page 18 of 20



06-Jun-12


Sample ID 100ng lcs2

Batch ID: R3118



Units: µg/L

PQL


SeqNo: 86343


Benzene 20.00 95.6 84.1 1261.0 019Toluene 20.00 103 80 1201.0 021Chlorobenzene 20.00 100 70 1301.0 0201,1-Dichloroethene 20.00 105 83 1301.0 021Trichloroethene (TCE) 20.00 105 76.2 1191.0 021 Surr: 1,2-Dichloroethane-d4 10.00 105 70 13011 Surr: 4-Bromofluorobenzene 10.00 108 70 13011 Surr: Dibromofluoromethane 10.00 94.9 69.8 1309.5 Surr: Toluene-d8 10.00 107 70 13011

Qualifiers:

Page 19 of 20



06-Jun-12


Sample ID MB-2152

Batch ID: 2152



Units: mg/L

PQL


SeqNo: 87551

MBLKSampType: TestCode: EPA 6010B: Total Recoverable Metals

Lead 0.0050ND

Sample ID LCS-2152

Batch ID: 2152



Units: mg/L

PQL


SeqNo: 87552

LCSSampType: TestCode: EPA 6010B: Total Recoverable Metals

Lead 0.5000 97.0 80 1200.0050 00.49

Qualifiers:

Page 20 of 20


September 24, 2012 #5121620 Mr. Jim Griswold Senior Hydrologist EMNRD/Oil Conservation Division 1220 South St. Francis Drive Santa Fe, NM 87505 (505) 476-3465 [email protected] RE: WORKPLAN FOR SUBSEQUENT INVESTIGATION OF ROLAND JACKSON WATER

WELL ISSUE, NEAR KIRTLAND, NEW MEXICO Dear Mr. Griswold: Enclosed please find the workplan for subsequent investigation of the Maverik Refinery/Roland Jackson Water Well Issue. The site is located approximately 1.5 miles east of the Kirtland, NM Post Office in Section 17-Township 29 North-Range 14 West, San Juan County, New Mexico, Mr. Jackson’s address is #20 CR 6271. This workplan is submitted at the request of the New Mexico Oil Conservation Division (NMOCD) and is in accordance with the State of New Mexico General Services Department Purchasing Division Price agreement #: 10-805-00-07208. The intent of this workplan is to observe the recharge behavior of the Jackson water supply well after it has been pumped down with a hydro-vac truck. Such observation will be followed by a sampling event for the five monitoring wells installed in May, 2012. The Jackson well will be sampled at the same time as the monitoring wells. Souder, Miller & Associates (SMA) appreciates this opportunity to provide environmental consulting services. Acceptance Please indicate your acceptance of this workplan by endorsing a copy of this letter and returning it to us or by the issuance of a Purchase Order. You may retain the original for your records. This workplan may be withdrawn, at the option of SMA, if it has not been accepted within 30 days of its date of issue. If you have any questions or comments concerning this workplan, please feel free to call me at (505) 325-7535 or contact me via e-mail at [email protected] . Sincerely, MILLER ENGINEERS, INC. D/B/A ACCEPTED: SOUDER, MILLER & ASSOCIATES By:__________________________________

Title: _________________________________ Cynthia A. Gray, C.H.M.M. Senior Scientist, Environmental Manager Date:_________________________________

Reid S. Allan, Vice President

mailto:[email protected]

WORK PLAN & BUDGET CONTINUED SITE INVESTIGATION

NEW MEXICO OIL CONSERVATION DIVISION

MAVERIK REFINERY/ROLAND JACKSON WATER WELL ISSUE

KIRTLAND, NEW MEXICO SEPTEMBER 24, 2012

This work plan and budget have been prepared by Souder, Miller & Associates (SMA) pursuant to the request from the New Mexico Oil Conservation Division (NMOCD) and is in accordance with the State of New Mexico General Services Department Purchasing Division Price Agreement #10-805-00-07208. The proposed scope of work shall include utilization of a vacuum truck for total fluids and sludge removal from the Roland Jackson water supply well. The goal is to determine if the Jackson water supply well will re-charge with significant non-aqueous petroleum liquids (NAPL), ground water, or both. The Roland Jackson well is located at #20 CR 6271, San Juan County, New Mexico. The Jackson Property site is in the SW/4, SE/4 Section 17, Township 29 North, Range 14 West.

On June 12, 2012, the Jacksons’ former water supply well was gauged with a Geotech Interface Probe. Fluid level was detected at 5.48 feet below top of casing and water was detected at 6.12 feet below top of casing. A total of 0.64 feet of NAPL was present in the well. The well was gauged to have a total depth of 9.9 feet below top of casing. Mr. Jackson believes the supply well has accumulated a number of feet of sediment. Additionally, a disposable bailer has been dropped in the well during an earlier NMOCD staff investigation of the Jackson well. The bailer remains in the well. In order to assess the presence of hydrocarbon impacting the Roland Jackson irrigation water supply well, SMA proposes total fluids removal, followed by monitoring of well recovery, and sampling of the water supply well as well as the surrounding five monitoring wells.

ACCESS PERMISSION, WORK NOTIFICATION, HEALTH & SAFETY: In preparation for field activities and sampling, written access permission will be obtained from property owner through Brandon Powell of NMOCD-Aztec. A site specific health and safety plan (HASP) will be developed in accordance with OSHA regulations and the SMA Corporate Health & Safety Program. All site personnel will be briefed on the HASP prior to initiating field activities.

PROPOSED FIELD ACTIVITIES: SMA proposes using a Super Sucker vacuum truck to remove the hydrocarbons, sludge and water from the supply well. First, the well will be gauged for NAPL. SMA will attempt to recover the bailer. The well will then be evacuated, using the vacuum truck. After approximately two hours of recovery time, the well will be gauged for the presence of NAPL and water level once again. If a substantial amount of NAPL is present, the well will be evacuated once again and repeated as necessary to remove total NAPL and/or water as time permits for one day. The well will then be closed and sealed with tamper evident custody tape for three days. After three days, SMA will gauge the well for the presence of phase separated hydrocarbon fluid. If NAPL is not present, the supply well and the other five groundwater monitoring wells will be sampled with samples sent to Hall Environmental Analytical Laboratories (HEAL) using standard Chain of Custody protocol.

Groundwater Analytical Methods: The groundwater samples will be analyzed using the following methods:

EPA Method 8011/504.1 for EDB EPA Method 8015B for Gasoline Range Organic Compounds (GRO) EPA Method 8260B for Volatiles Organic Compounds (VOC) EPA Method 6010 for Total Lead (Pb)

The removed water, NAPL and sludge will be transported and disposed at an OCD approved disposal facility. The closest facility is Industrial Ecosystems Incorporated near Farmington, NM. SMA will oversee all field activities and conduct all sampling. SMA will confer with NMOCD for authorization prior to performing additional work or incurring any additional costs related to the well assessment, if needed.

Cost Summary - Continued Site Investigation Maverik Refinery/Roland Jackson Property

Kirtland, New Mexico

Task Description

Anticipated Number of

Units

Cost/Unit incl.7.125%

NMGRT Task

Subtotal

1 Site Access, Notification, Coordination, Health and Safety Plan, Administrative Costs, Work Plan Preparation,

1 $1,958.25 $1,958.25

2

Subcontractor and Fluid Disposal Costs, SMA Fluid Extraction Supervision, Water Supply Well and Groundwater Sampling, Water Quality Instruments and Sampling Equipment, Field Expenses, Laboratory Analytical Costs

1 $8,789.61 $8,789.61

3 Letter Report 1 $2,950.22 $2,950.22

4 Performance Bond Acquisition, Bond Premium on Estimated total

of $13,700

$1,450.00

TOTAL CONTINUED SITE INVESTIGATION $15,148.07

PERFORMANCE BOND

In compliance with the requirements of the State of New Mexico General Services Department Purchasing Division Price Agreement #10-805-00-07208, prior to beginning work, SMA will obtain a performance bond for the completion of the above-outlined scope of work. Costs for the bond will be billed at cost.

Access & Files Review

Site Access, Administrative Preparation

Title Job Description Days Hours/Day Total Hours @ Subtotal

PrincipalContractual Oversight 1 1 1 $140.00 $140.00TOTAL>> 1

SeniorRegulatory oversight, HASP workplan review 1 6 6 $110.00 $660.00Report review and revisions, meetings 1 2 2 $110.00 $220.00TOTAL>> 8

ProjectRegulatory review, data review and workplan construction, access 1 0 0 $87.00 $0.00Report construction, revisions 0 0 0 $87.00 $0.00TOTAL>> 0

Staff $65.00Health and Safety 1 8 8 $65.00 $520.00Field Survey (incl. mobe) 1 0 0 $65.00 $0.00TOTAL>>

DT IIdrafting site maps 1 0 0 $60.00 $0.00Draft site & contaminant maps 0 0 0 $60.00 $0.00TOTAL>> 0

AdminBudget creation, tracking and invoicing 1 2 2 $55.00 $110.00TOTAL>> 2

SecBudget creation, tracking, invoicing and reports 1 2 2 $44.00 $88.00TOTAL>> 2

ExpensesPhone, Copies & Mail 1 4 4 $15.00 $60.00misc. reproduction 1 2 2 $15.00 $30.00

SUBTOTAL>> $1,828.00NMGRT (@ 7.125%)>> $130.25TOTAL>> $1,958.25

Page 1

Extraction_sampling

Total Fluid Extraction from and sampling of water supply well and sampling of four 17-foot soil borings and letter reportTitle Job Description Days/Units hrs/unit Total Hours @ Subtotal

Principalcontract oversight 1 0.5 0.5 140.00$ $70.00

TOTAL>> 0.5

SeniorScoping and client/regulator liaison 2 2 4 110.00$ $440.00

TOTAL>> 4Project

Scoping and project management, access coordination 2 5 10 87.00$ $870.00

TOTAL>> 10Staff Sci

Subcontractor interaction 2 1 2 65.00$ $130.00

TOTAL>> 2

AdminBudget creation, tracking and invoicing 0 58.00$ $0.00TOTAL>> 0

SecBudget creation, tracking, invoicing and reports 0 44.00$ $0.00TOTAL>> 0


SMA - ExpensesMileage 2 15 30 0.75$ $22.50Truck 2 1 2 75.00$ $150.00Water Quality equipment 1 1 1 25.00$ $25.00PID 1 1 1 65.00$ $65.00Expendable equipment 2 1 2 40.00$ $80.00Digital Camera 2 1 2 35.00$ $70.00

SUBTOTAL>> $412.50NMGRT (@ 7.125%)>> $29.39TOTAL>> $441.89 $883.78

SMA - Field ActivitiesTotal Fluid Extraction 1 10 10.0 65.00$ $650.00Mapping, Travel time and mob/demob 2 1 2 65.00$ $130.00Sampling - Staff Sci 1.5 6 9 65.00$ $585.00Sampling - Senior sci 1.5 6 9 110.00$ $990.00TOTAL>> 30.0


Subcontractors - Vac Truck and DisposalSuper Sucker Vacuum Truck 1 8 8 205.00$ $1,640.00Disposal (per bbl) 1 10 10 16.50$ $165.00


per bblLab Water $193.36

WATER 8011/504.1 6 1 6 45.00$ $270.00WATER 8015B GRO 6 1 6 45.00$ $270.00WATER 8260B VOA 6 1 6 85.00$ $510.00WATER 6010 Pb 6 1 6 110.00$ $660.00


per sampleTOTAL>> $8,789.61 $305.31

Page 2

Report

Preliminary Investigation Report

Title Job Description Days Hours/Day Total Hours @ Subtotal

PrincipalReport review 1 0.5 0.5 $140.00 $70.00TOTAL>> 0.5

SeniorRegulatory oversight and report review 1 3 3 $110.00 $330.00TOTAL>> 3

ProjectReport 2 4 8 $87.00 $696.00TOTAL>> 8

StaffReport, tables and drawings 2 8 16 $65.00 $1,040.00TOTAL>> 16

DT IIDraft site & contaminant maps 1 6 6 $60.00 $360.00TOTAL>> 6

AdminBudget creation, tracking and invoicing 2 $55.00 $110.00TOTAL>> 2

SecBudget creation, tracking, invoicing and reports 2 $44.00 $88.00TOTAL>> 2

Expenses, fixedPhone, Copies & Mail 2 $15.00 $30.00misc. reproduction 2 $15.00 $30.00


Page 3

Bond

Task 3Bond AcquisitionFee Schedule: NM Price Agreement


PrincipalOversight 1 1 1 $140.00 $140.00Review and execute 1 1 1 $140.00 $140.00TOTAL 2

Senior I

Coordination for bond 2 2 4 $110.00 $440.00TOTAL 4

AdminCoordination for bond, interface with bonding agent 4 $58.00 $232.00TOTAL 4

AdminBond Premium - estimated 1 3.00% $13,698.07 $410.94TOTAL


Page 4

Summary

Task Description

Anticipated Number of

Units

Cost/Unit incl.7.125%

NMGRT Task Subtotal

1Site Access, Notification, Coordination, Health and Safety Plan, Administrative Costs, Work Plan Preparation

1 $1,958.25 1,958.25$

2

Subcontractor and Fluid Disposal Costs, SMA Fluid Extraction Supervision, Water Supply Well and Groundwater Sampling, Water Quality Instruments and Sampling Equipment, Field Expenses, Laboratory Analytical

1 $8,789.61 8,789.61$

3 Letter Report 1 $2,950.22 2,950.22$

4 Bond Acquisition, Bond Premium on Estimated Total of $13,700 1,450.00$

15,148.07$

Maverik Refinery/Roland Jackson Property Cost Summary - Continued Site Investigation

Kirtland, New Mexico

TOTAL CONTINUED SITE INVESTIGATION

Page 5

1- 1 RECR-27 Jackson Water Well - Fluidsremoval from supply well. Gaugewater and product recovery andreporting.

17,420.00EA 1.00 17,420.00 03/14/2013

52100-31100-0710000000-535300- -0750- - -113-20000Schedule Total 17,420.00

Contract ID: 10-805-00-07208AG Contract Line: 0 Release: 0

Item Total 17,420.00

Price Agreement 10-805-00-07208 Expires on August 15, 2013

Total PO Amount 17,420.00

State of New Mexico Purchase Order PO Number to be on all Invoices and Correspondence

Energy, Minerals & Resources1220 South St. Francis DriveSanta Fe NM 87505United States

Vendor: 0000048816SOUDER MILLER & ASSOCIATES1201 PARKWAY DR SUITE CSANTA FE NM 87507

Dispatch via PrintPurchase Order Date Revision Page52100-0000039434 03/14/2013 1Payment Terms Freight Terms Ship ViaPay Now FOB Destination Best WayBuyer PhoneRACHEL D. HERRERA 505/476-3311Ship To: 1220 South St. Francis Drive

Room 346Santa Fe NM 87501United States

Bill To: 1220 South St. Francis DriveRoom 346Santa Fe NM 87501United States

Origin: CON Exc\Excl #:Line-Sch Item/Description Mfg ID Quantity UOM PO Price Extended Amt Due Date

Authorized SignatureAgency Approval - I certify that the proposed purchase represented by this document is authorized by and is made

in accordance with all State (and if applicable Federal) legislation rules and regulation. I further certify

that adequate unencumbered cash and budget expenditure authority exists for this proposed purchase and all other

outstanding purchase commitments and accounts payable.

STATE OF NEW MEXICO SPD-101A (07/92)GENERAL SERVICES DEPARTMENT- PURCHASING DIVISIONTERMS AND CONDITIONS UNLESS OTHERWISE SPECIFIED

1. GENERAL: When the State Purchasing Agent issues a purchase document in response to the Vendors bid, a binding contract is created.2. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by

conditions of loading, shipping, packing or allowances in manufacturing process, and then only to the extent, if any, specified elsewhere in this order.3. ASSIGNMENT:

A: Neither the order, nor any interest therein, nor claim thereunder, shall be assigned or transferred by the Vendor, except as set forth insubparagraph 3B below or as expressly authorized in writing by the STATE PURCHASASING AGENTS OFFICE. No such assignment or transfer shall relieve the Vendor from the obligations and liabilities under this order.

B: Vendor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods,services, and materials purchased in connection with this bid are hereby assigned to the State.

4. STATE FURNISHED PROPERTY: State furnished property shall be returned to the state upon request in the same condition as received exceptfor ordinary wear, tear, and modifications ordered hereunder.

5. DISCOUNTS: Prompt payment discounts will not be considered in computing the low bid. Discounts for payment within 20 days will beconsidered after the award of the contract. Discounted time will be computed from the date of receipt of the merchandise or invoice,whichever is later.

6. INSPECTION: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for non-conformancewith specifications shall be removed, at the Vendors risk and expense, promptly after notice of rejection.

7. INSPECTION OF PLANT: The State Purchasing Agent may inspect, at any reasonable time, the part of the contractors, or any subcontractorsplant or place of business, which is related to the performance of this contract.

8. COMMERCIAL WARARANTY: The Vendor agrees that the supplies or services furnished under this order shall be covered by the most favorablecommercial warranties the Vendor gives to any customer for such supplies or services, and that the rights and remedies provided herein shallextend to the State and are in addition to and do not limit any rights afforded to the State by any other cause of this order. Vendor agreesnot to disclaim warranties of fitness for a particular purpose or merchantability.

9. TAXES: The unit price shall exclude all State taxes.10. PACKING, SHIPPING AND INVOICING:

A: The States purchase document number and the Vendors name, users name and location shall be shown on each packing and delivery ticket,package, bill of lading and other correspondence in connection with the shipment. The users count will be accepted by the Vendor as finaland conclusive on all shipments not accompanied by a packing ticket.

B: The Vendors invoice shall be submitted in triplicate, duly certified and shall contain the following information: order number,description of supplies or services, quantities, unit prices and extended totals. Separate invoices shall be rendered for each and everycomplete shipment.

C: Invoices must be submitted to the using agency and NOT THE STATE PURCHASING AGENT.11. DEFAULT: The State reserves the right to cancel all or any part of this order without cost to the State, if the Vendor fails to meet the

provisions of this order and, except as otherwise provided herein, to hold the Vendor liable for any excess cost occasioned by the State dueto the Vendors default. The Vendor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond thecontrol and without the fault or negligence of the Vendor, such causes include, but are not restricted to, acts of God or of the public enemy,acts of the State or of the Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargos, unusually severeweather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnishedby the subcontractor where obtainable from other sources in sufficient time to permit the Vendor to meet the required delivery scheduled. The rights and remedies of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. NON-COLLUSION: In signing this bid, the Vendor certifies he/she has not, either directly or indirectly, entered into action in restraint offree competitive bidding in connection with this proposal submitted to the State Purchasing Agent.

13. NON-DISCRIMINATION: Vendors doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 andTitle VII of that Act, Rev., 1979.

14. THE PROCUREMENT CODE: Sections 13-1-28 through 13-1-199 NMSA 1978 imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

15. All bid items are to be NEW and most current production, unless otherwise specified.16. PAYMENT FOR PURCHASES: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and

under the conditions set forth in section 13-14158 NMSA 1978.17. WORKERS COMPENSATION: The Contractor agrees to comply with state laws and rules pertaining to workers compensation benefits for its

employees. If the Contractor fails to comply with Workers Compensation Act and applicable rules when required to do so, this (Agreement) maybe terminated by the contracting agency.

18. PAY EQUITY RECORDING: The Contractor agrees to comply with New Mexico Pay Equity reporting requirements as detailed in Executive Order2009-049 Implementation Guidance available at http://www.generalservices.state.nm.us/spd/guidance.pdf

Documents

RECR – 27 Roland Jackson Well CORRESPONDENCEocdimage.emnrd.state.nm.us/imaging/filestore/SantaFeEnvironmental/AO/...NMOCD –Maverik Refinery/Jackson Well Page 1 Souder, Miller &